FAQ

Frequently asked questions

Answers to the most important questions about the whistleblower portal and HinSchG.

Frequently asked questions

What violations can be reported?
Criminal offences, serious regulatory breaches and violations of data protection, environmental, tax, consumer protection and other areas of law under § 2 HinSchG. Breaches of constitutional loyalty by civil servants are also covered.
Who is protected as a whistleblower?
All persons reporting violations in a professional context: employees, civil servants, board members, interns, applicants as well as external contractors and subcontractors.
Do I have to report internally first?
No. You have free choice between the internal reporting body (at the employer) and the external bodies (BfJ, BaFin, Federal Cartel Office). There is no obligation to report internally first.
Can I report anonymously?
Yes. Anonymous reports are permitted under HinSchG and must be processed. Name and e-mail may be left blank in the form.
How is my identity protected?
The identity is protected under § 8 HinSchG. It may only be known to the staff handling the report. Disclosure is only permitted in narrowly defined exceptional cases (§ 9 HinSchG).
What deadlines apply?
Acknowledgement of receipt within 7 days at the latest. Feedback on follow-up measures within 3 months — or reasons why none were taken.
What is the ban on reprisals?
Dismissals, warnings, transfers or other disadvantages in response to a report are prohibited under § 36 HinSchG. A reversed burden of proof applies in favour of the reporting person.
May I report trade secrets too?
Yes. Where there is reasonable suspicion, disclosure to the reporting body is permitted — even contrary to NDA clauses. Precondition: you had grounds to believe disclosure was necessary.
What happens with a false report?
Knowingly false reports are not protected and may trigger damages and criminal consequences. Where suspicion was reasonable at the time of reporting, protection remains.
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